Ehrlich Firm Prevails in California Supreme Court case
Ehrlich Law Firm prevails in California Supreme Court on case involving important issues of California civil-writ practice and procedure. In a closely-watched case involving civil-writ procedure in California, the California Supreme Court adopted the position advocated by the Ehrlich Law Firm, and held that appellate courts can properly issue so-called “speaking” or “suggestive” Palma notices when they are inclined to issue a peremptory writ of mandate in the first instance. A Palma notice informs the parties that an appellate court is inclined to grant a peremptory writ in the first instance. A speaking Palma notice goes further, and explains why the Court is taking the position it takes, and often directs the trial court to change its order. The Supreme Court held that a speaking Palma notice is proper, but that trial courts should hold a hearing before changing an order in response to such a notice. (Brown, Winfield & Canzoneri v. Superior Court (Great American Ins. Co.)(2010) 47 Cal.4th 1233.)